• Journal of the Korea Institute of Information and Communication Engineering
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• v.3 no.3
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• pp.485-499
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• 1999

Auctions are appealing market-type mechanisms because they can be deployed to solve the twin problems of resources pricing and allocation. Nonetheless the effectiveness of an auction mechanism in radio spectrum property rights should not be taken for granted. Policymakers need to be aware of the complexity of introducing market discipline in an area where none existed before. Auction design is critical to the success of the allocation process. However, a poorly designed auction mechanism can have detrimental effects on the spectrum rights allocation process. This study discusses some of the key elements and issues of auction design of radio spectrum rights for its efficient allocation. Particularly this study discusses, based on the existing auction theory and other countries' experiences, such issues as bidding rule, value interdependency and sequence of auction, information structure and asymmetric bidder, and wealth constraints and imperfect capital market.

• International Journal of Computer Science & Network Security
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• v.22 no.1
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Journal of Korean Ophthalmic Optics Society
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• v.13 no.4
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• pp.19-24
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• 2008

Purpose: The purpose of this research is to induce domestic eyewear industry to invest in research and development of eyewear manufacturing technology and eyewear design. Methods: Analysis of Industrial Rights using data issued by Korea Intellectual Property Office and search results by 'Kipris' (Korea Intellectual Property Rights Information Service). Results: A number of Industrial Rights Application related to eyewear of eyewear industry has rapidly increased since 1980's. The ratio of Patent and Design Right applications related to eyewear by foreigner has continually decreased, 55%, 32.9% in 1980's, 40%, 22% in 1990's and 27%, 13.9% in 2000's. This shows domestic eyewear industry has developed technology and design on eyewear more and more. But numbers of Design Right applications in 1990's were about 60 in a year and those in 2000's were about 70 in a year. This may explain a few eyewear company have applied for Design Right. Conclusions: It is evident that domestic eyewear industry make an more effort and investment to develop eyewear manufacturing technology and design, but not enough. Actually, we don't know exactly how they develop and how much they invest. Now we need to research problems what they have and environments what they face.

• International Commerce and Information Review
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• v.19 no.3
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• pp.197-214
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• 2017

It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

• Journal of Korean Philosophical Society
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• v.130
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• pp.381-414
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• 2014

This paper aims to elaborate on the foundation of the colonialism, which comes from Natural Laws by John Locke and the extermination of the indigenous. John Locke develops his political doctrines considering Natural Laws as the logical, metaphysical supposition. He assumes Natural Laws to be the logical presupposition, but is interested in North America. This is evidently seen in his works according to research outcomes. His 'possessive individualism' discusses exclusion and extermination, on the bound of natural laws and natural state. The person without possessive rights is excluded, the people without effective farming is forfeited. Then acculturation is the justifying of slavery and suggestive of extermination. In the possessive individualism of bourgeois society, that is, private property, man is annulled aboard. That is colonialism comes from, which destroys all the cultures but its own cultures. It is Locke who is the first thinker of the imperial. In the thought of Locke found we in profane terminology projected for the world imperial. After Locke, colonialism has been appeared in the guise of racism in the eighteen century, especially in the universal history of system of philosophy, sometimes in the face of orientalism on all sides. The ideas of colonialism and imperialism have been absolutely for the West. In the totally administered society nowadays, the hope of redemption has been made impossible from the origin. From the beneath, operated and practiced the program of deletion of race, its ethnic cleansing is a mere case. Locke's thought for the human rights is consisted of property and freedom in mankind, but it ground baits for its bloodied symposium with words and consults. 'Our word is our weapon', this is wording of one ethnic that is in nearing extermination.

• Journal of Korea Technology Innovation Society
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• v.22 no.1
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• pp.28-49
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• 2019

This paper explores the characteristics of innovation activities in high growth firms that contribute to national and regional economic growth and job creation. The analysis is based on the 2016 KIS data to analyze the difference in innovation activities between high growth firms and general firms. The main results are as follows: First, high growth firms have a higher proportion of R&D personnel than general firms. Second, high growth firms are actively introducing product innovation, process innovation, and organizational innovation as compared to general firms. In the innovation activities related to product innovation and process innovation, there is no statistically significant difference between high growth companies and general companies except for external R&D. Third, High growth firms are more likely to cooperate with other technology partners than general firms. But, there is no statistically significant difference between high growth firms and general firms in the external knowledge search and the diversity of cooperating partners. Fourth, in terms of protecting innovation, high growth firms are more likely to use all kinds of innovation protection method, such as 'utilizing intellectual property rights', 'maintaining confidentiality', 'adopting complex design methods', 'market preemption ahead of competitors', and the most important means is the intellectual property rights. Fifth, government innovation policies that high growth firms chose as important are 'innovation subsidies and loans', 'acquirement, utilization and protection of intellectual property rights' and 'human resource support'.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2003.10a
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• pp.365-370
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• 2003

The Occurrence of cadastral land having difference between registered lists and realities result in not only enormous trobles on land administration of the nation but also violation of individual property rights. Government has inclined many efforts to solve this problems, it is actuality that results are not reaching in expectation. Therefore, the purposes of this study are to prevent problems beforehand and manage lands efficiently by analyzing typical realities and extracting the area of cadastral having difference between registered lists and realities.

• Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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• 2006.06a
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• pp.681-690
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• 2006

초고속 인터넷망의 보급과 디지털 기술의 발전에 힘입어 디지털 콘텐츠의 대량 유통에 따른 지적재산권의 침해보호에 대한 필요성이 강조되는 시점에서 디지털 콘텐츠 유통 및 산업을 분석하고 각국의 디지털 콘텐츠 관련 법제도 동향을 조사 비교하여 지적재산의 침해를 줄일 수 있는 우리나라 현 법제의 보안 점을 찾아 제시 한다.